Wills, superannuation,power of attorney and advanced health directives

A Will is a legal document that sets out how you want the things you own (your bank accounts and estate) to be distributed when you pass away. Even if you don’t own property or a lot of money, you may want to leave valuable or sentimental items, artwork, jewellery, letters or photographs to particular people. Making a will can be simple and need not be expensive. It must be properly signed and witnessed. It is best to have a solicitor or Public trustee make your Will for you. While there are DIY kits, it is safer to get a professional to do your Will to make sure it is done right. A Will should appoint an Executor who is responsible for seeing the terms of your Will are carried out. Solicitors’ fees vary and can depend on the complexity of the Will. The Public Trustee QLD (PTQ) provides a free Will making service at their offices around Queensland, or in emergency situations can visit adults in hospital / palliative care facilities for a travel fee. The PTQ retains the original and provides you a copy. You can appoint the PTQ as your Executor. Administration fees will be incurred after you pass away. Tel 1300 360 044 / www.pt.qld.gov.au. Your Will lasts after your demise, unless you change, revoke it or get married. You should get legal advice about updating your Will, if your circumstances change. If you don’t have a Will, you won’t have a say about what happens to your estate. The things you own will be given to your relatives according to a formula set out by the Queensland’s ‘intestacy’ laws. This may be very different from what you intended to happen. If your partner has passed away without adequately providing for you in a Will, you may be able to make a ‘Family Provision Claim’ in the Supreme Court. You must get legal assistance and make the claim within 9 months of the date of their demise.
SUPERANNUATION
Your Superannuation fund decides who will get your Super after you pass away. Talk to your fund about these options and how to ensure it goes to the person(s) of your choice.
ENDURING POWER OF ATTORNEY (EPOA)
An Enduring Power of Attorney is a legal document that appoints one or more persons to act on your behalf in a range of matters including health, accommodation, financial and legal decisions. An EPOA can be revoked at any time if you require – you will need to make an application to the Queensland Civil and Administrative Tribunal and have their actions reviewed.
ADVANCED HEALTH DIRECTIVE
An Advance Health Directive is a formal document in which you can record your instructions for family members, Carers, Doctors and Healthcare workers about the treatment you may or may not want in particular circumstances in the future. It comes into effect when you are unable to make your own decisions. The AHD form is available from Newsagencies, some bookshops or online (www.publications.qld.gov.au). Call: 13 74 68. 
TMCCA